AB130: Bill Text

AB130,268,3 (1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile committed a delinquent act that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the judge or juvenile court commissioner may require the juvenile, if the juvenile is 10 years of age or older, as a condition of the consent decree, to repair the damage to property or to make reasonable restitution for the damage or injury if the judge or juvenile court commissioner, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile. Any consent decree that includes a condition of restitution shall include a finding that the juvenile alone is financially able to pay and may allow up to the date of the expiration of the consent decree for the payment. Objection by the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing on the question of damages before the amount of restitution is made part of the consent decree.

AB130,268,9 2. In addition to any other employment or duties permitted under ch. 103 or any rule or order under ch. 103, a juvenile who is 10 to 13 years of age who is participating in a restitution project provided by the county may, for the purpose of making restitution under the consent decree, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or to perform duties under ch. 103 or any rule or order under ch. 103.

AB130,268,11 3. Under this paragraph, a judge or juvenile court commissioner may not order a juvenile who is 10 to 13 years of age to make more than $250 in restitution.

AB130,268,14 (b) If the juvenile has attained the age of 10, the judge may require the juvenile to participate in a supervised work program or other community service work under s. 938.34 (5g) as a condition of the consent decree.

AB130,268,17 (2) (a) A consent decree shall remain in effect for up to one year unless the juvenile, parent, guardian or legal custodian is discharged sooner by the judge or juvenile court commissioner.

AB130,268,24 (c) Upon the motion of the court or the application of the juvenile, parent, guardian, legal custodian, intake worker or any agency supervising the juvenile under the consent decree, the court may, after giving notice to the parties to the consent decree and their counsel, if any, extend the decree for up to an additional 6 months in the absence of objection to extension by the parties to the initial consent decree. If the parent, guardian or legal custodian objects to the extension, the court shall schedule a hearing and make a determination on the issue of extension.

AB130,269,6 (3) If, prior to discharge by the court, or the expiration of the consent decree, the court finds that the juvenile or parent, legal guardian or legal custodian has failed to fulfill the express terms and conditions of the consent decree or that the juvenile objects to the continuation of the consent decree, the hearing under which the juvenile was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

AB130,269,12 (4) No juvenile who is discharged by the court or who completes the period of supervision without reinstatement of the original petition may again be proceeded against in any court for the same offense alleged in the petition or an offense based on the same conduct, and the original petition shall be dismissed with prejudice. Nothing in this subsection precludes a civil suit against the juvenile or parent for damages arising from the juvenile's conduct.

AB130,269,16 (5) A court which, under this section, elicits or examines information or material about a juvenile which would be inadmissible in a hearing on the allegations of the petition may not, over objections of one of the parties, participate in any subsequent proceedings if any of the following applies:

AB130,269,19 (a) The court refuses to enter into a consent decree and the allegations in the petition remain to be decided in a hearing where the juvenile denies the allegations of delinquency.

AB130,269,21 (b) A consent decree is granted but the petition under s. 938.12 or 938.13 is subsequently reinstated.

AB130,270,2 (6) The judge or juvenile court commissioner shall inform the juvenile and the juvenile's parent, guardian or legal custodian, in writing, of the juvenile's right to object to the continuation of the consent decree under sub. (3) and of the fact that the hearing under which the juvenile was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

AB130,270,4 SUBCHAPTER VI DISPOSITION

AB130,270,7 938.33 Court reports. (1) Report required. Before the disposition of a juvenile adjudged to be delinquent or in need of protection or services, the court shall designate an agency to submit a report which shall contain all of the following:

AB130,270,8 (a) The social history of the juvenile.

AB130,270,12 (b) A recommended plan of rehabilitation or treatment and care for the juvenile which is based on the investigation conducted by the agency and any report resulting from an examination or assessment under s. 938.295, which employs the most effective means available to accomplish the objectives of the plan.

AB130,270,18 (c) A description of the specific services or continuum of services which the agency is recommending that the court order for the juvenile or family, the persons or agencies that would be primarily responsible for providing those services, and the identity of the person or agency that would provide case management or coordination of services if any or whether or not the juvenile should receive an integrated service plan.

AB130,270,20 (d) A statement of the objectives of the plan, including any desired behavior changes and the academic, social and vocational skills needed by the juvenile.

AB130,270,23 (e) A plan for the provision of educational services to the juvenile, prepared after consultation with the staff of the school in which the juvenile is enrolled or the last school in which the juvenile was enrolled.

AB130,271,3 (f) If the agency is recommending that the court order the juvenile's parent, guardian or legal custodian to participate in mental health treatment, anger management, individual or family counseling or parent training and education, a statement as to the availability of those services and as to the availability of funding for those services.

AB130,271,7 (2) Home placement reports. A report recommending that the juvenile remain in his or her home may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record.

AB130,271,14 (3) Correctional placement reports. A report recommending placement of a juvenile in a secured correctional facility under the supervision of the department or a secured child caring institution shall be in writing, except that the report may be presented orally at the dispositional hearing if the juvenile and the juvenile's counsel consent. A report that is presented orally shall be transcribed and made a part of the court record. In addition to the information specified under sub. (1) (a) to (d), the report shall include all of the following:

AB130,271,20 (a) A description of any less restrictive alternatives that are available and that have been considered, and why they have been determined to be inappropriate. If the judge has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or 3. applies, the report shall indicate that a less restrictive alternative than placement in a secured correctional facility or a secured child caring institution is not appropriate.

AB130,271,23 (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee under s. 59.07 (97) for the establishment of child support.

AB130,272,7 (3m) Youthful offender program reports. In addition to the report under sub. (1), if it appears that a juvenile may be suitable for participation in the youthful offender program under s. 938.537, the court shall order the department of corrections to submit a report analyzing the juvenile's suitability for participation in that program and recommending whether the juvenile should be placed in that program. The report shall be in writing, except that the report may be presented orally at the dispositional hearing if the juvenile and the juvenile's counsel consent. A report that is presented orally shall be transcribed and made a part of the court record.

AB130,272,13 (4) Other out-of-home placements. A report recommending placement in a foster home, treatment foster home, group home or nonsecured child caring institution shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:

AB130,272,14 (a) A permanency plan prepared under s. 938.38.

AB130,272,17 (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee under s. 59.07 (97) for the establishment of child support.

AB130,272,22 (4m) Support recommendations; information to parents. In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors that the court considers under s. 46.10 (14) (c) for deviation from the percentage standard. At or before the dispositional hearing under s. 938.335, the agency shall provide the juvenile's parent with all of the following:

AB130,272,23 (a) Its recommendation for juvenile support.

AB130,272,25 (b) A written explanation of how the parent may request that the court modify the amount of child support under s. 46.10 (14) (c).

AB130,273,3 (c) A written explanation of how the parent may request a revision under s. 938.363 in the amount of child support ordered by the court under s. 938.335 (2) (b) 4.

AB130,273,13 (5) Identity of foster parent or treatment foster parent; confidentiality. If the report recommends placement in a foster home or a treatment foster home, and the name of the foster parent or treatment foster parent is not available at the time the report is filed, the agency shall provide the court and the juvenile's parent or guardian with the name and address of the foster parent or treatment foster parent within 21 days after the dispositional order is entered, except that the court may order the information withheld from the juvenile's parent or guardian if the court finds that disclosure would result in imminent danger to the juvenile or to the foster parent or treatment foster parent. After notifying the juvenile's parent or guardian, the court shall hold a hearing prior to ordering the information withheld.

AB130,273,23 938.331 Court reports; effect on victim. If the delinquent act would constitute a felony if committed by an adult, the person preparing the report under s. 938.33 (1) shall attempt to determine the economic, physical and psychological effect of the delinquent act on the victim. The person preparing the report may ask any appropriate person for information. This section does not preclude the person who prepares the report from including any information for the court concerning the impact of a delinquent act on the victim. If the delinquent act would not constitute a felony but a victim has suffered bodily harm or the act involved theft or damage to property, the person preparing the report is encouraged to seek the information described in this section.

AB130,274,4 938.335 Dispositional hearings. (1) The court shall conduct a hearing to determine the disposition of a case in which a juvenile is adjudged to be delinquent under s. 938.12, to have violated a civil law or ordinance under s. 938.125 or to be in need of protection or services under s. 938.13, except that the court shall proceed as provided in s. 938.237 (2) if a citation is issued and the juvenile fails to contest the citation.

AB130,274,7 (3) At hearings under this section, any party may present evidence relevant to the issue of disposition, including expert testimony, and may make alternative dispositional recommendations.

AB130,274,14 (3m) (a) Before imposing a disposition in a proceeding in which a juvenile is adjudged to be delinquent under s. 938.12 or is found to be in need of protection or services under s. 938.13 (12), the court shall allow a victim or a family member of a homicide victim to make a statement or to submit a written statement to be read to the court. The court may allow any other person to make or submit a statement under this paragraph. Any statement made under this paragraph must be relevant to the disposition.

AB130,274,20 (b) After a finding that a juvenile is delinquent under s. 938.12 or is found to be in need of protection or services under s. 938.13 (12), the district attorney or corporation counsel shall attempt to contact any known victim or family member of a homicide victim to inform that person of the right to make a statement under par. (a). Any failure to comply with this paragraph is not a ground for an appeal of a dispositional order or for any court to reverse or modify a dispositional order.

AB130,274,22 (3r) At hearings under this section, a parent of the juvenile may present evidence relevant to the amount of child support to be paid by either or both parents.

AB130,275,2 (4) At hearings under this section, s. 938.357, 938.363 or 938.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audio-visual means, if available, under s. 807.13 (2). The request and the showing of good cause may be made by telephone.

AB130,275,4 (5) At the conclusion of the hearing, the court shall make a dispositional order in accordance with s. 938.355.

AB130,275,9 938.34 Disposition of juvenile adjudged delinquent. If the court adjudges a juvenile delinquent, the court shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan. A disposition under sub. (4m) must be combined with a disposition under sub. (4n). The dispositions under this section are:

AB130,275,11 (1) Counseling. Counsel the juvenile or the parent, guardian or legal custodian.

AB130,275,16 (2) Supervision. (a) Place the juvenile under the supervision of an agency, the department, if the department approves, or a suitable adult, including a friend of the juvenile, under conditions prescribed by the court including reasonable rules for the juvenile's conduct, designed for the physical, mental and moral well-being and behavior of the juvenile.

AB130,275,21 (b) If the juvenile is placed in the juvenile's home under the supervision of an agency, as defined under s. 938.38 (1) (a), order the agency to provide specified services to the juvenile and the juvenile's family, which may include but are not limited to individual, family or group counseling, homemaker or parent aide services, respite care, housing assistance, day care or parent skills training.

AB130,275,23 (c) Order the juvenile to remain at his or her home or other placement for a period of not more than 20 days under rules of supervision specified in the order.

AB130,276,7 (2g) Volunteers in probation program. If the juvenile is adjudicated delinquent for the commission of an act that would constitute a misdemeanor if committed by an adult, if the chief judge of the judicial administrative district has approved under s. 973.11 (2) a volunteers in probation program established in the juvenile's county of residence and if the court determines that volunteer supervision under that volunteers in probation program will likely benefit the juvenile and the community, placement of the juvenile with that volunteers in probation program under such conditions as the court determines are reasonable and appropriate. These conditions may include, but need not be limited to, any of the following:

AB130,276,10 (a) A directive to a volunteer to provide for the juvenile a role model, informal counseling, general monitoring and monitoring of the conditions established by the court, or any combination of these functions.

AB130,276,11 (b) Any other disposition that the court may impose under this section.

AB130,276,13 (2r) Intensive supervision. Order the juvenile to participate in an intensive supervision program under s. 938.534.

AB130,276,14 (3) Placement. Designate one of the following as the placement for the juvenile:

AB130,276,15 (a) The home of a parent or other relative of the juvenile.

AB130,276,16 (b) A home which need not be licensed if placement is for less than 30 days.

AB130,276,18 (c) A foster home or treatment foster home licensed under s. 48.62 or a group home licensed under s. 48.625.

AB130,276,19 (d) A child caring institution licensed under s. 48.60.

AB130,276,24 (e) An independent living situation effective on or after the juvenile's 17th birthday, either alone or with friends, under such supervision as the court considers appropriate, but only if the juvenile is of sufficient maturity and judgment to live independently and only upon proof of a reasonable plan for supervision by an appropriate person or agency.

AB130,277,3 (f) A secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule, or in a place of nonsecure custody designated by the court, subject to all of the following:

AB130,277,5 1. The placement may be for any combination of single or consecutive days totalling not more than 30.

AB130,277,10 2. The order may provide that the juvenile may be released from the secure detention facility, juvenile portion of the jail or place of nonsecure custody during specified hours to attend school, to work at the juvenile's place of employment or to attend or participate in any activity which the court considers beneficial to the juvenile.

AB130,277,14 3. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a disposition under par. (a) is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a disposition.

AB130,277,17 (3g) Electronic monitoring. If the juvenile is placed in the community under sub. (2r) or (3) (a) to (e), order the juvenile to be monitored by an electronic monitoring system.

AB130,277,20 (4) Transfer of legal custody. If it is shown that the rehabilitation or the treatment and care of the juvenile cannot be accomplished by means of voluntary consent of the parent or guardian, transfer legal custody to any of the following:

AB130,277,21 (a) A relative of the juvenile.

AB130,277,22 (b) A county department.

AB130,277,23 (c) A licensed child welfare agency.

AB130,278,3 (4g) Youthful offender program. Transfer legal custody to the department of corrections for participation in the youthful offender program under s. 938.537, but only if all of the following apply:

AB130,278,8 (a) The juvenile is 15 years of age or over and has been adjudicated delinquent for committing an act that would be punishable as a Class A, B, C or D felony if committed by an adult and the juvenile has been adjudicated delinquent or found to be in need of protection or services previously for committing an act that would be a felony if committed by an adult.

AB130,278,12 (b) The juvenile has been the subject of a previous dispositional order under this section or s. 938.345 and $30,000 or more has been expended on providing services for the juvenile under the previous dispositional order since the juvenile attained the age of 10 years.

AB130,278,15 (c) The judge finds that the only other disposition that would be appropriate for the juvenile would be placement of the juvenile in a secured correctional facility under the supervision of the department of health and social services.

AB130,278,17 (d) The report under s. 938.33 (3m) recommends placement of the juvenile in the youthful offender program.

AB130,278,21 (4m) Correctional placement. Place the juvenile in a secured correctional facility under the supervision of the department if the juvenile is 12 years of age or over or, if the juvenile is under 12 years of age, in a secured child caring institution under the supervision of the department, but only if all of the following apply:

AB130,278,24 (a) The juvenile has been found to be delinquent for the commission of an act which if committed by an adult would be punishable by a sentence of 6 months or more.

AB130,279,4 (b) The juvenile has been found to be a danger to the public and to be in need of restrictive custodial treatment. If the judge determines that any of the following conditions applies, that determination shall be prima facie evidence that the juvenile is a danger to the public and in need of restrictive custodial treatment:

AB130,279,7 1. The juvenile has committed a delinquent act that would be a felony under s. 940.03, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.

AB130,279,11 2. The juvenile has possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

AB130,279,14 3. The juvenile has possessed or gone armed with a short-barreled rifle or a short-barreled shotgun in violation of s. 941.28 or has possessed or gone armed with a handgun in violation of s. 948.60.

AB130,279,21 (4n) Aftercare supervision. Subject to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a secured correctional facility that is operated by the department or a secured child caring institution, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the secured correctional facility or secured child caring institution:

AB130,279,22 (a) The department.

AB130,279,24 (b) The county department of the county of the court that placed the juvenile in the secured correctional facility or secured child caring institution.

AB130,279,25 (c) The county department of the juvenile's county of legal residence.

AB130,280,10 (5) Restitution. (a) Subject to par. (c), if the juvenile is found to have committed a delinquent act which has resulted in damage to the property of another, or actual physical injury to another excluding pain and suffering, order the juvenile to repair the damage to property or to make reasonable restitution for the damage or injury if the court, after taking into consideration the well-being and needs of the victim, considers it beneficial to the well-being and behavior of the juvenile. Any such order shall include a finding that the juvenile alone is financially able to pay and may allow up to the date of the expiration of the order for the payment. Objection by the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing on the question of damages before the amount of restitution is ordered.

AB130,280,14 (am) Subject to par. (c), order a juvenile who owes restitution under par. (a) and who is receiving income while placed in a secured correctional facility, residential treatment center or other out-of-home placement to contribute a stated percentage of that income towards that restitution.

AB130,280,21 (b) In addition to any other employment or duties permitted under ch. 103 or any rule or order under ch. 103, a juvenile who is 10 to 13 years of age who is participating in a restitution project provided by the county may, for the purpose of making restitution ordered by the court under this subsection, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or perform duties under ch. 103 or any rule or order under ch. 103.

AB130,280,23 (c) Under this subsection, a court may not order a juvenile who is 10 to 13 years of age to make more than $250 in restitution.

AB130,281,3 (5g) Supervised work program or other community service work. (a) Order the juvenile to participate in a supervised work program administered by the county department or a community agency approved by the court or other community service work administered by a public agency or nonprofit charitable organization approved by the court.

AB130,281,12 (am) The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the juvenile reasonable compensation reflecting a reasonable market value of the work performed or it may consist of uncompensated community service work. Community service work may be in lieu of restitution only if also agreed to by the county department, community agency, public agency or nonprofit charitable organization and by the person to whom the restitution is owed. The court may use any available resources, including any community service work program, in ordering the juvenile to perform community service work.

AB130,281,20 (b) The supervised work program or other community service work shall be of a constructive nature designed to promote the rehabilitation of the juvenile, shall be appropriate to the age level and physical ability of the juvenile and shall be combined with counseling from a member of the staff of the county department, community agency, public agency or nonprofit charitable organization or other qualified person. The supervised work program or other community service work may not conflict with the juvenile's regular attendance at school. Subject to par. (d), the amount of work required shall be reasonably related to the seriousness of the juvenile's offense.

AB130,282,2 (c) In addition to any other employment or duties permitted under ch. 103 or any rule or order under ch. 103, a juvenile who is 10 to 13 years of age who is participating in a supervised work program or other community service work may, for purposes of performing the supervised work or other community service work, be employed or perform any duties under any circumstances in which a juvenile 14 or 15 years of age is permitted to be employed or perform duties under ch. 103 or any rule or order under ch. 103.

AB130,282,5 (d) Under this subsection, a juvenile who is 10 to 13 years of age may not be required to perform more than 40 total hours of supervised work or other community service work.